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Home My WebLink About03/30/2012 03/28/2012 Council meeting follow-up letterCOUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali'i Nadine K. Nakamura Mel Rapozo OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk Council Services Division 4396 Rice Street, Suite 209 L Kaua'i, Hawaii 96766 luTegla) March 30, 2012 TO: Bernard P. Carvalho, Jr., Mayor Telephone (808) 241-4188 Fax (808) 241-6349 Email cokcouncil(2 ,kauai.go FROM: Jay Furfaro, Council Chair RE: MARCH 28, 2012, COUNCIL MEETI CONSENT CALENDAR: C 2012- 82 Communication (03/07/2012) from the Planning Director, transmitting for Council consideration, the Planning Commission's recommendation to amend Chapter 8, Comprehensive Zoning Ordinance, of the Kaua'i County Code 1987, as amended, in its entirety and to adopt a new Chapter 8. (Received for the Record.) C 2012- 83 Communication (03/08/2012) from the Mayor, transmitting for Council consideration and confirmation, the following Mayoral appointees to various Boards and Commissions for the County of Kaua'i: Board of Review Cayetano Gerardo — term ending 12/31/2014 a Salary Commission (Received for the Record.) Randy Finlay — term ending 12/31/2014 C 2012-84 Communication . (03/15/2012) from the Council Chair, transmitting for Council consideration, the reappointment of Council appointee Patricia W. Sheehan to the Kaua'i Historic Preservation Review Commission (Architecture — term ending 12/31/2014). (Received for the Record.) C 2012-85 Communication (03/15/2012) from the Mayor, transmitting his Fiscal Year (FY) 2012-2013 Budget Message, along with his - proposed Operating Budget and Capital Improvements Projects (CIP) Budget. (Detailed Line Item Budget on file in the County Clerk's Office.) (Received for the Record.) AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Follow-up Memo to the Mayor March 30, 2012 Page 2 COMMUNICATIONS: C 2012-86 Communication (03/02/2012) from the Council Chair, requesting the presence of Mr. Ron Shiigi N&K CPAs, Inc., to participate in a follow-up discussion relating to the Comprehensive Annual Financial Review (CAFR) for the fiscal year ending June 30, 2011. (Received for the Record.) C 2012-63 Communication (02/16/2012) from Councilmember Rapozo, requesting the Administration's presence to provide the Council with: An annual (2011 calendar year) synopsis of construction activity in the County of Kaua'i as reflected in the building permit information that is normally provided to the Council on a monthly basis. A projection of construction activity in the County of Kaua'i for the 2012 calendar year. (Deferred.) C 2012-87 Communication (03/08/2012) from the Director of Personnel Services, transmitting for Council information, the quarterly reports (September 30, 2011 — December 31, 2011) relative to vacancies, new hires, transfers, reallocations, and promotions, pursuant to Section 19 of Ordinance No.. B -2011 -732. (Referred to the 41412012 Committee of the Whole Meeting.) C 2012-88 Communication (02/23/2012) from the Housing Director, requesting Council approval to apply for, receive, expend, and indemnify $133,000.00 in grant money for two (2) Housing Choice Voucher Family Self- Sufficiency Program Coordinator salaries from the U. S. Department of Housing and Urban Development. (Approved.) C 2012-89 Communication (02/29/2012) from the Executive on Aging, requesting Council approval to receive and expend grant funds from the National Senior Corps Association in the amount of $1,842.00 to be used for the 2012 Medicare Diabetes Screening Project for adults 65 years and older to increase awareness of the benefits for diabetes screening. (Approved.) C 2012-90 Communication (03/01/2012) from the Council Chair, requesting the presence of the County Engineer and the Chief of Buildings to provide an update on the repairs and maintenance of the Mlauea Gym as it relates to the leaking roof, floor damage, and corrective action that has been done to address the roof and floor. (Referred to the 41412012 Committee of the Whole Meeting.) C 2012-91 Communication (03/01/2012) from the Prosecuting Attorney, requesting Council approval to apply and receive Technical Assistance from the Bureau of Justice Assistance and the Vera Institute of Justice's national Cost- Benefit Knowledge Bank for Criminal Justice, which will allow the OPA to find innovative programs and develop procedures to ensure that the community is served in the most cost efficient manner and in the best way possible. (Referred to the 41412012 Committee of the Whole Meeting.) Council Meeting Follow-up Memo to the Mayor March 30, 2012 Page 3 C 2012-92 Communication (03/01/2012) from the Chief of Police, requesting Council approval to accept and expend funding through the S.T.O.P. Violence Against Women Grant in the amount of $63,903.00 for Sexual Assault Nurse Examiner (SANE) exams and DNA analysis, and to indemnify the State of Hawaii, Attorney General's Office. (Approved.) C 2012-93 Communication (03/01/2012) from the Chief of Police, requesting Council approval to accept and expend funding through the S.T.O.P. Violence Against Women Grant in the amount of $48,052.00. for Sexual Assault Nurse Examiner. (SANE) recruitment, retention (including stand-by pay) and training program, and approval to indemnify the State of Hawaii, Attorney General's Office. (Approved.) C 2012-94 Communication (03/09/2012) from the Housing Director, requesting Council approval to decline the County's option to repurchase Unit No. 59, Villas at Puali, located at 1974 Haleukana Street, Uihu'e, Hawaii 96766, and to grant the owner a one-year waiver of the buyback restriction to allow a market sale by the owner for a period of one year. (Approved.) C 2012-95 Communication (03/09/2012) from Councilmember Yukimura, requesting agenda time to discuss and approve the public release of the following: • January 17, 2012 County Attorney opinion regarding Delegation of Fee Setting for Wailua Golf Course, • February 16, 2012 County Attorney opinion regarding Bill No. 2427, relating to Bus Fares. (Approved.) C 2012-96 Communication (03/13/2012) from the Anti-Drug Coordinator, requesting Council approval to apply for, receive, and expend funds from the State of Hawaii Department of Human Services, Office of Youth Services Title V Incentive Grant in the amount of $128,198.00, which will be used for a mentoring/advocacy program to prevent youth at risk of becoming delinquent and from entering the juvenile justice system. (Referred to the 41412012 Public Safety & Environmental Services Committee Meeting'.) C 2012-97 Communication (03/16/2012) from Councilmember Kuali'i, requesting Council approval of the following Councilmembers to represent the Kaua'i County Council to the respective organizations stated below for the fiscal year 2012-2013: Hawai'i State Association of Counties (HSAC) • Mel Rapozo — Representative • Jay Furfaro — Alternate National Association of Counties Board (NACo) • KipuKai Kuali'i — Representative • Dickie Chang — Alternate Western Interstate Region Board (WIR) o Tim Bynum — Representative (Approved.) o Dickie Chang — Alternate Council Meeting Follow-up Memo to the Mayor March 30, 2012 Page 4 C 2012-98 Request (03/13/2012) from the Police Commission for authorization to expend funds up to $10,000.00 to retain special counsel to represent the Police Commission in filing a complaint with the Fifth Circuit Court and asking for a declaratory judgment as to who has the authority to supervise and/or discipline the Chief of Police. (Approved.) C 2012-99 Communication (03/21/2012) from Councilmember Kuali'i, transmitting for Council consideration a Resolution Supporting the Hawaii State Association of Counties' Proposal of Establishing a Position for a Hawai'i State Association of Counties State Director. (Received for the Record.) C 2012-100 Communication (03/13/2012) from Deputy County Clerk Jade K. Fountain-Tanigawa, transmitting a claim filed against the County of Kaua'i, by David Yukimura, for damage to his vehicle, pursuant to Section 23.06 Charter of the County of Kauai. (Referred to the County Attorney's Office for disposition and/or report back to the Council.) COMMITTEE REPORTS: Approved, with the exception of the following: CR-FPP 2012-04: on Bill No. 2425 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO HOME EXEMPTIONS (Deferred.) Resolution No. 2012-26, RESOLUTION ESTABLISHING NO-PARKING AT ANY TIME ALONG A PORTION OF THE COUNTY ACCESS ROAD IN THE VICINITY OF VIDINHA STADIUM SOCCER FIELDS, LIHU'E DISTRICT, COUNTY OF KAUAI (Deferred.) Resolution No. 2012-30, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 FOR THE COUNTY OF KAUAI (Approved on 1st reading; Public Hearing Scheduled for May 9, 2012 at 5.00p.m., and referred to the Committee of the Whole.) Resolution No. 2012-31, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF REVIEW (Approved.) Resolution No. 2012 -32, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE SALARY COMMISSION (Approved.) Council Meeting Follow -up Memo to the Mayor March 30, 2012 Page 5 Resolution No. 2012 -33, RESOLUTION CONFIRMING COUNCIL REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Approved.) Resolution No. 2012 -34, RESOLUTION SUPPORTING THE HAWAII STATE ASSOCIATION OF COUNTIES' PROPOSAL OF ESTABLISHING A POSITION FOR THE HAWAII STATE ASSOCIATION OF COUNTIES STATE DIRECTOR (Deferred pending information from HSAC.) Proposed Draft Bill (No. 2431) — A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 (Approved on 1St reading; Public Hearing Scheduled for May 9, 2012 at 5.00 p.m., and referred to the Committee of the Thole.) Proposed Draft Bill (No. 2432) — A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 (Approved as amended on 1St reading; Public Hearing Scheduled for May 9, 2012 at 5:00 p.m., and referred to the Committee of the Thole.) Proposed Draft Bill (No. 2433) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO AMENDING THE COMPREHENSIVE ZONING ORDINANCE IN ITS ENTIRETY (Approved on 1 ,4 reading, Public Hearing Scheduled for April 25, 2012, and referred to the Planning Committee.) Bill No. 2424, Draft 1 - A BILL FOR AN ORDINANCE TO ALLOW SOLAR ENERGY FACILITIES IN THE AGRICULTURE DISTRICT (Deferred.) Bill No. 2422 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Approved.) Bill No. 2423, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 6, ARTICLE 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND (Approved.) Council Meeting Follow-up Memo to the Mayor March 30, 2012 Page 6 Bill No. '2425, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 5A OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO HOME EXEMPTIONS (Bill Amended to Draft 2, Motion to approve failed.) Bill No. 2429 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 26, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS (Approved.) Bill No. 2430 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA'I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Approved.) Thank you for following up as appropriate, including confidential routing to any appropriate parties, and please do not hesitate to contact me or Council Services staff if you need further information. Please note that this memo presents a summary of the action taken, and reference should be made to the official minutes for a complete record. Copy: Council Via: e-mail: KCT Department Heads KCT CCs Staff